The Madras High Court has criticised Crime Branch-Criminal Investigation Department (CB-CID) for having chosen to register a case only under Section 304ii (culpable homicide not amounting to murder) and not under Section 302 (murder) of the Indian Penal Code (IPC) against the police personnel reportedly involved in a case of custodial death.
Passing orders on a writ petition filed by the victim’s mother seeking a Central Bureau of Investigation probe, Justice G.K. Ilanthiraiyan asked: “When the eighth respondent found that there are materials to attract the major offence under Section 304 (ii) of IPC, what is the reason the eighth respondent had failed to alter the offence under Section 302 of IPC?”
After directing the investigating officer concerned to alter the offence to Section 302 and file a final report within eight weeks since it was already 10 years since the custodial death took place, the judge directed the State government too to pay an interim compensation of Rs. 5 lakh to the mother, wife and a minor child of the deceased within four weeks.
